CAMPTON, Ky. (LEX 18) — A Kentucky prosecutor has dismissed a first-degree fetal homicide charge against a Wolfe County mother, citing state law that protects pregnant women from prosecution in cases involving the death of their unborn child.
Commonwealth's Attorney Miranda King announced Wednesday that the charge against 35-year-old Melinda Spencer has been dropped after filing a motion for dismissal.
"I sought this job with the intention of being a pro-life prosecutor but must do so within the boundaries allowed by the Kentucky State law I'm sworn to defend," King said. "I'm thankful for the investigative work of the Kentucky State Police on this case. I am also grateful to the dedicated citizens who served on the grand jury thoroughly reviewing the case."
Spencer still faces three other charges: concealing the birth of an infant, abuse of a corpse and tampering with physical evidence. Her bond remains set at $100,000 cash.
"We will prosecute the remaining lawful charges fully and fairly," King added.
The case began on New Year's Eve when Spencer, according to police, told a clinic she had "aborted her own baby" with medication purchased online and buried the remains on her property. Kentucky State Police found a small corpse in a shallow grave during their investigation.
An arrest citation revealed Spencer told investigators she used the medication to terminate the pregnancy because her significant other was not the father. An autopsy is pending.
The Commonwealth of Kentucky filed the dismissal motion Monday in Wolfe Circuit Court, with Commonwealth's Attorney Amanda Hampton arguing that Kentucky law clearly protects mothers from fetal homicide prosecution.
Spencer faces an additional charge of first-degree promoting contraband after officers allegedly found a syringe in her coat pocket during booking at Three Forks Regional Jail. According to the citation, Spencer told officers she used the syringe "to shoot up meth."
Angela Cooper with the ACLU of Kentucky expressed concern about healthcare access in rural areas.
"Abortion bans do not stop abortion from taking place. They stop safe abortion from taking place," Cooper said.
Addia Wuchner, executive director of Kentucky Right to Life, questioned whether Spencer was aware of available resources and support systems.
"There are pregnancy care resources in every county in the Commonwealth of Kentucky. There are Safe Haven baby boxes should this baby had come to term where she could have placed this baby safely without blame, without shame, without question and walk away," Wuchner said.
The investigation is ongoing, officials reported.
